75-17-31 - Limitations on prepayment penalties with respect to loans for certain real estate.
§ 75-17-31. Limitations on prepayment penalties with respect to loans for certain real estate.
No lender or other person shall charge a sum or prepayment penalty for the prepayment of any note or evidence of a debt secured in whole or in part by lien on real estate greater than the following:
(a) Five percent (5%) of the unpaid principal balance if prepaid during the first year;
(b) Four percent (4%) of the unpaid principal balance if prepaid during the second year;
(c) Three percent (3%) of the unpaid principal balance if prepaid during the third year;
(d) Two percent (2%) of the unpaid principal balance if prepaid during the fourth year;
(e) One percent (1%) of the unpaid principal balance if prepaid during the fifth year;
(f) No penalty if prepaid more than five (5) years from date of the note creating the debt.
This section shall apply only to loans, the security for which is a lien on real estate comprising a single family dwelling or a single family condominium unit, or on real estate used primarily for agricultural or livestock purposes. This section shall not apply where a greater penalty is required by any law or regulation of the United States of America, or agency thereof. In addition, this section shall not apply to any agricultural loan made by an originator or a certified facility in accordance with 12 USCS Section 2279aa et seq. that is included in a pool for which the Federal Agricultural Mortgage Corporation has provided a guarantee.
Sources: Laws, 1986, ch. 510, § 8; Laws, 1995, ch. 317, § 1, eff from and after passage (approved March 9, 1995).